ERNEST FITZPATRICK v. FLORIDA PAROLE COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ERNEST FITZPATRICK, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-4694 FLORIDA PAROLE COMMISSION, Respondent. _____________________________/ Opinion filed May 8, 2007. Certiorari - Original Jurisdiction. Ernest Fitzpatrick, pro se, Petitioner. Bradley R. Bischoff, Assistant General Counsel, Tallahassee, for Respondent. PER CURIAM. Petitioner requests we issue a writ of certiorari to quash the trial court s order imposing the lien it placed on petitioner s inmate trust account upon petitioner s filing of a petition for writ of mandamus. Because the petition for writ of mandamus sought only credit for time served, the petition constituted a collateral criminal proceeding. See e.g., Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). Consequently, court costs may not be assessed. See id. The petition for writ of certiorari is GRANTED, and the order imposing the lien is QUASHED. KAHN, LEWIS, and HAWKES, JJ., CONCUR. -2-

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